Cr.p.c Sections 205 and 317 are used for as a request for waiving the physical presence of the accused.
Section 317 - . Provision for inquiries and trial being held in the absence of accused in certain cases:- (1) At any stage of an inquiry or trial under this code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry to trial, or order that the case of such accused be taken up or tried separately.
However if a NBW has already been issued, usage of section 317 may not be entertained.
Section205 - (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
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How it could be used / misused ??
It could be used by the husbands citing employment reasons, reasons of inability to travel, reasons of health, etc.
It could be misused by simply submitting the same petitions repeatedly and prolonging the case, which the court takes notice of and as well the wife's side points it out as a substantial evidence of misuse and finally a NBW may be issued !!
Section 317 - . Provision for inquiries and trial being held in the absence of accused in certain cases:- (1) At any stage of an inquiry or trial under this code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry to trial, or order that the case of such accused be taken up or tried separately.
However if a NBW has already been issued, usage of section 317 may not be entertained.
Section205 - (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
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How it could be used / misused ??
It could be used by the husbands citing employment reasons, reasons of inability to travel, reasons of health, etc.
It could be misused by simply submitting the same petitions repeatedly and prolonging the case, which the court takes notice of and as well the wife's side points it out as a substantial evidence of misuse and finally a NBW may be issued !!
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